Terms of Service

Agreement to Terms

By accessing or using MenuCapture ("Service"), operated by MenuCapture, Inc. ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

1. Service Description

MenuCapture is an AI-powered food photography enhancement and generation service that helps restaurants and food businesses create professional-quality menu photos. Our Service uses artificial intelligence to enhance existing food photos or generate new food imagery based on descriptions, allowing users to swap ingredients, add garnishes, perfect plating, and create appetizing visuals for menus, delivery apps, and marketing materials. The Service is provided for commercial and personal use as outlined in these Terms.

2. User Accounts

Account Creation

You must be at least 18 years old or have parental consent to use the Service. When creating an account, you must provide accurate and complete information and are responsible for maintaining the security of your account. You must notify us immediately of any unauthorized access to your account. Each account is limited to one person or entity unless otherwise agreed upon in writing for enterprise plans.

Account Responsibilities

You are responsible for all activities that occur under your account and all content generated through your use of the Service. We are not liable for any loss or damage resulting from your failure to maintain account security or comply with these Terms.

3. Subscription and Payment Terms

Subscription Plans

MenuCapture operates on a subscription basis with weekly and annual plans. All plans include a specified number of AI-generated or enhanced images per billing cycle. Weekly plans allow up to 1,500 photo enhancements per calendar month. Annual plans include the same monthly allowance with additional priority support. Usage limits reset at the beginning of each billing cycle and unused allowances do not roll over to subsequent periods. Exceeding your plan's limits will result in service restrictions until the next billing cycle or upgrade to a higher-tier plan.

Payment Processing

All payments are processed securely through Stripe. Subscription fees are billed in advance for each billing cycle. All prices are in USD unless otherwise specified. We reserve the right to change pricing with 30 days' notice to existing subscribers. Price changes will not affect your current billing cycle but will apply to subsequent renewals unless you cancel before the change takes effect.

Refund Policy

Refunds are available within 14 days of your initial subscription purchase if you have used less than 10% of your plan's monthly image generation allowance. Refunds are not available for renewals, upgrades, or accounts terminated for Terms violations. For technical issues preventing service access, we may provide pro-rated credits or refunds at our discretion. All refund requests must be submitted through our support system.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing cycle. You will retain access to the Service until your subscription expires. No refunds will be provided for partial billing periods upon cancellation. Cancelled accounts retain access to previously generated images through download for 90 days after cancellation.

4. AI Image Generation and Usage Limits

Generation Limits and Fair Use

Each subscription plan includes specific monthly limits on AI image generation and enhancement. Weekly plans are limited to 1,500 image operations per calendar month (approximately 375 per week). Annual plans include the same monthly allowance. Image operations include new generation, enhancement, ingredient swapping, and batch processing. Limits are enforced to ensure fair access and service quality for all users. Excessive usage that impacts service performance may result in temporary restrictions or account suspension.

AI Technology Limitations

Our AI technology is continuously improving but may occasionally produce unexpected results. Generated images should be reviewed for accuracy, food safety compliance, and brand appropriateness before commercial use. We do not guarantee that generated images will perfectly represent actual food items, allergen information, or nutritional content. You are solely responsible for ensuring generated content meets your business needs and regulatory requirements.

Content Ownership and Rights

Subject to your compliance with these Terms and payment of applicable fees, MenuCapture hereby assigns to you all rights, title, and interest in images generated through your use of the Service. You may use these images for commercial purposes including menus, marketing, delivery platforms, and advertising. However, you may not resell, redistribute, or sublicense the AI generation service itself or use generated images to train competing AI models.

5. Acceptable Use Policy

Prohibited Uses

You may not use the Service to generate content that is illegal, harmful, misleading, or violates third-party rights. Specifically prohibited uses include: creating false or misleading food imagery that could harm consumers, generating content that violates food safety regulations or allergen disclosure requirements, uploading or processing copyrighted images without proper authorization, infringing on copyrighted recipes or trademarked food presentations, creating inappropriate or offensive content, attempting to reverse engineer our AI models, sharing account credentials with unauthorized users, using automated systems to circumvent usage limits, or generating images for resale as stock photography without explicit permission.

Food Safety and Compliance

You are solely responsible for ensuring that generated food images comply with applicable food safety regulations, allergen disclosure requirements, and advertising standards in your jurisdiction. MenuCapture does not provide food safety advice and generated images should not be considered accurate representations of allergen content, nutritional information, or preparation methods.

License Restrictions

Your subscription access is personal, non-transferable, and cannot be resold under any circumstances. Accounts cannot be shared outside of immediate family members living in the same household. Commercial use by agencies, teams, or businesses with multiple users requires separate enterprise licensing agreements. You may not resell, lease, sublicense, or transfer your access to any third party. Each subscription is strictly limited to one individual user or single business entity, and violations of these restrictions will result in immediate account termination without refund.

6. Intellectual Property

Our Property

The Service, including all software, algorithms, and functionality, is owned by MenuCapture, Inc. and is protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or attempt to reverse engineer our AI models or algorithms.

Your Content

You retain ownership of food photos and content you upload to the Service. By using the Service, you grant us a limited, non-exclusive license to store, process, and analyze your uploaded content solely to provide the Service to you and improve our AI models. We will not use your uploaded images for marketing or share them with third parties without your explicit consent.

User Content Warranties

By uploading images to the Service, you represent and warrant that you own all rights to the uploaded images or have obtained all necessary permissions and licenses to use them. You confirm that your uploaded content does not infringe any third-party copyrights, trademarks, patents, trade secrets, or other intellectual property rights. You have the legal authority to grant MenuCapture the license described in these Terms and to use the Service to process and generate images based on your uploads.

Copyright Compliance

You agree not to upload copyrighted images, trademarked materials, or content owned by third parties unless you have explicit written permission from the rights holder. MenuCapture is not responsible for determining copyright ownership of uploaded content and does not monitor or review uploads for copyright compliance. You are solely responsible for ensuring you have the legal right to upload and process all images through the Service. Violations of copyright law may result in immediate account termination, forfeiture of all content and subscription time without refund, and potential legal action by affected rights holders.

7. Privacy and Data

Your use of the Service is governed by our Privacy Policy. By using MenuCapture, you consent to our collection and use of information as described in the Privacy Policy.

Data Export and Portability

Users can export all their data in CSV format at any time through their account settings. This export includes all subscription information, generated image metadata, usage history, and account settings. You own your data and can download it for backup or migration purposes at any time. Generated images are stored for 90 days after creation and can be downloaded during your active subscription. After subscription cancellation, you have 90 days to download your generated content before permanent deletion. Upon account deletion, all personal data is permanently removed from our systems within 30 days. However, anonymized usage data may be retained indefinitely for analytics and service improvement purposes. We fully support data portability, meaning your exported data can be used elsewhere without restriction.

8. Disclaimers and Warranties

AI Technology Disclaimer

MenuCapture's AI technology is experimental and rapidly evolving. Generated images may not always accurately represent real food items, ingredients, allergens, or nutritional content. We make no warranties about the accuracy, completeness, or suitability of generated content for any specific purpose.

"As Is" Service

The Service is provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy of generated content, or non-infringement.

Third-Party Integrations

We may integrate with third-party services for payment processing, image delivery, or enhanced functionality. We are not responsible for these services' availability, terms, or practices. Third-party service interruptions may temporarily affect our Service.

9. Limitation of Liability

To the maximum extent permitted by law, MenuCapture shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, revenue, or business opportunities arising from your use of the Service or generated content.

Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid for the Service in the twelve months preceding the claim, or $500, whichever is greater.

MenuCapture is not liable for any claims related to food safety, allergen misrepresentation, false advertising, or health consequences arising from the use of generated food imagery.

10. Indemnification

You agree to defend, indemnify, and hold harmless MenuCapture, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from your use of the Service, generated content, or violation of these Terms. This includes but is not limited to claims related to food safety, allergen disclosure, false advertising, copyright infringement, trademark violations, or health consequences from the use of generated imagery.

You specifically agree to indemnify MenuCapture against any third-party claims alleging that your uploaded content infringes intellectual property rights, violates privacy rights, or breaches any agreements you have with third parties. MenuCapture reserves the right to assume exclusive defense of any matter subject to indemnification, at your expense. This indemnification obligation survives termination of your account and these Terms.

11. Account Termination

By You

You may cancel your subscription and delete your account at any time through account settings or by contacting support. Account deletion is permanent and cannot be reversed. You will have 90 days to download generated content before permanent deletion.

By Us

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or for any other reason at our discretion. In cases of severe violations, termination may occur without notice or refund. Terminated accounts forfeit access to all generated content and remaining subscription time.

12. Service Modifications

We reserve the right to modify, suspend, or discontinue any features of the Service at any time without liability to you. We will endeavor to provide 30 days' notice for major changes affecting core functionality. Usage limits, pricing, and features may change for new subscribers, but existing subscribers will be notified of changes affecting their plans.

13. Service Discontinuation

If Service Must Discontinue

In the unlikely event that MenuCapture must cease operations, we will provide a minimum of 30 days' advance notice via email when possible, and data export tools will be made available for you to download your information. If the Service discontinues, our refund policy is as follows: active subscriptions will receive a pro-rated refund for unused subscription time. This policy ensures fair treatment of subscribers in the event of service closure.

Change of Ownership

If MenuCapture is acquired, sold, or undergoes a transfer of ownership, we cannot guarantee that the new owner will honor existing subscription agreements at current pricing. New ownership may implement different pricing structures, terms of service, or may choose to discontinue certain plans entirely. While we will endeavor to notify users of ownership changes when possible, we are not obligated to do so. In the event of an acquisition, your relationship and any agreements will transfer to the new owner, not us. We expressly reserve the right to sell or transfer the business at any time without requiring user consent or approval.

14. Changes to Terms

We may revise these Terms at any time. We'll notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance of new Terms. If you disagree with changes, you may cancel your subscription before the changes take effect.

15. Inactive Accounts

Account Inactivity Policy

Accounts that remain inactive for 24 or more months may be suspended with email notice to the registered email address. Suspended accounts can be reactivated by contacting support within 12 months of suspension. Accounts inactive for 36 or more months may be permanently deleted after notice, and deleted account data cannot be recovered under any circumstances. This policy helps maintain service quality and security for active users. Inactivity is defined as no login or interaction with the Service. We will attempt to notify you before any suspension or deletion at your registered email address, but successful delivery of such notice is not guaranteed.

16. Beta Features

We may offer features marked as "Beta," "Preview," or "Experimental." These features are provided as-is without warranties and may be modified or discontinued without notice. Beta features may not count toward usage limits but are subject to separate restrictions. Feedback on beta features may be used to improve the Service without compensation.

17. Referral and Affiliate Program

Referral Program Terms

Any referral rewards and affiliate programs are subject to separate terms and conditions that will be provided when you participate in such programs. We reserve the right to modify, suspend, or cancel these programs at any time without prior notice. Fraudulent referrals or any attempt to game the system will result in immediate account termination and forfeiture of any pending rewards. Referral credits, rewards, or commissions have no cash value unless explicitly specified in the program terms. Eligibility requirements and payout terms are defined in the program-specific agreement. We reserve the right to audit referral activity at any time and may reverse fraudulent rewards without notice.

18. Governing Law

These Terms are governed by the laws of Singapore, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Singapore.

19. Dispute Resolution

We prefer to resolve disputes informally. Before filing a claim, please contact us through our contact form. If we can't resolve the dispute informally, you agree to binding arbitration under the rules of the Singapore International Arbitration Centre (SIAC).

20. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MenuCapture regarding the use of the Service.

22. Contact Information

For questions about these Terms: